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Client Agreement and Disclosure Information 

 

Business Interruption Claim Lodgment and Management  

 

This disclosure notice sets out your rights and informs you of laws governing the work we will do for you once you have engaged us. Please ensure that you have carefully read and understood the disclosure notice before considering the terms of the agreement. If you wish to discuss or clarify any aspect of our disclosure or costs agreement with us, please contact us via admin@mjilawyers.com and we will schedule a suitable time to discuss. 

 

To enter into a agreement with us for the provision of legal services please take the following steps:

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1. Read and understand the disclosure notice.

2. Ensure that the Engagement Details and the Confirmation of Instructions are accurately set out below.  

3. Consider our fixed fee and the legal work that is included within that fee. 

 

Once you have read our client agreement and disclosure information, you can confirm your agreement to engage us by selecting the below button. Alternatively, you can let us know you would like to discuss any aspect of our agreement and disclosure.​

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Disclosure notice

Important information about your rights under the Legal Profession Act.

 

This Notice discloses information MJI Law is required to provide to you by the Legal Profession Act Qld (LPA) about your rights and the costs of our legal services. Please read this Disclosure Notice before signing our offer to provide you with legal services.

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This Disclosure Notice also provides you with information about our legal services, the cost of those services and your rights. For more information about your rights, please read the facts sheet entitled Legal Costs – Your right to know. You can ask us for a copy or obtain it from the Queensland Law Society or download it from their website qls.com.au.

 

Negotiation

You have the right to negotiate a costs agreement with us before you accept the proposed Costs Agreement. Make sure you understand what you are agreeing to and ask questions if you are unsure about any aspect of the proposed agreement. You have the right to seek independent legal advice about the proposed Costs Agreement.

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MJI Law services and charges

We will invoice you for professional services and those fees will be calculated on an hourly rate basis. 

We may incur and you will be liable for other charges being disbursements and outlays – that is, money which we pay, or are liable to pay, to others on your behalf. Examples are: 

• search fees;

• enquiry fees;

• court and other filing fees;

• lodgment fees;

• all government revenue charges (including stamp duty);

• transaction specific banking charges;

• process servers and investigators;

• clinical records from hospitals;

• medical, experts' reports and/or other external consultants;

• witnesses' fees and expenses;

• postage, courier and messengers;

• transcript charges;

• fees of external lawyers we retain for you (including barrister's fees);

• travel expenses and accommodation costs.

 

These disbursements and outlays are set out in the Schedule of Fees & Other Charges and we
will advise you of any other payments required to be made, when we are in a position to do so.

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What legal work will we provide you and what does the fixed fee include? 

Business Interruption Claims Management includes the preparation and lodgment of relevant claims to the insurer; correspondence and advocacy with the insurer directly; appropriate internal and external administrative review processes; advice concerning relevant High Court judgements that may impact the claims process; settlement with insurers within the boundaries of policy conditions and entitlements. 

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What legal work is not included in our fixed fee? 

In the event the insurer ultimately refuses to settle your claim and all appropriate internal and external review processes have been exhausted by us, the commencement of proceedings within your relevant court jurisdiction is not covered by our fixed fee. In the event that proceedings need or should be commenced, we will provide you with a detailed cost estimate for your consideration prior to any work being commenced in that regard. 

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Cost estimate

The Legal Profession Act requires us to provide you with an estimate of any amounts we may charge you.

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The total legal costs of the work are fixed at $6,354.00 for each claim where the claim is capped at up to $120,000 and 5% of the value of each claim where the settlement value exceeds $120,000.

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Billing arrangements

We won't bill you if your claim does not settle. Once your claim settles, we will bill you for the agreed, fixed fee amount set out above (Cost estimate). Our invoices are payable within seven (7) days of receipt. 

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Person/s responsible for the work

The MJI Law Principal will be responsible for the work. You may contact the Principal to discuss any issue.

 

Substantial changes to disclosure

We will inform you in writing as soon as reasonably practicable of any substantial changes to anything contained in this Disclosure Notice as work progresses, including changes in the personnel and legal costs (if applicable).

 

Progress reports

You are entitled to written progress reports on your matter at reasonable intervals upon request.
You are also entitled, free of charge on request, to a written report on the legal costs (if any)
incurred to date or since we gave you the last bill.

 

Engagement of another lawyer

If it is necessary for us to engage, on your behalf, the services of an external lawyer to provide specialist advice or services, including advocacy services, or to act as an agent, we will consult with you as to the terms of that lawyer's engagement, but you may be asked to enter into a costs agreement directly with
that lawyer on a similar basis to the proposed Client Agreement.

 

Applicable law

The law of Queensland applies to legal costs regarding the matter(s). You are, however, able to enter into
a costs agreement with us on the basis that the corresponding law of a State or Territory is applicable, if the matter has a substantial connection with that State or Territory. In that event, we will disclose costs as they are applicable in that State or Territory. You have the right to contract with us that the costs assessment scheme in Queensland is applicable, in the event of any dispute as to costs arising with us.

 

Review rights

You have a right to have our costs (if any) assessed where you have entered into a costs agreement with
us which complies with the provisions of the LPA, and you make such application within 12 months after
you received our bill or a request for payment of costs is made by us, or full payment is made to us if no
bill was given or request was made. You have a right under section 328 of the LPA to apply to the Supreme Court to set aside the costs agreement or a provision of it on the basis that it determines that the agreement is not fair or reasonable within 6 years or such other time as the law permits.

 

The below scope of work represents the instructions you have provided us that will guide the scope and extent of our work.

 

1. Review business interruption incident/s relevant to your Fernwood franchise location/s. 

2. Review and evaluation of head policy information relating to business interruptions.

3. Lodge relevant / eligible claims on your behalf.

4. Review claims correspondence and responses from the date of the business interruption to the date of this agreement.

5. Prepare submissions in response to the claims outcome and correspond with the insurer.

 

Terms and conditions

 

Our relationship

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Services: We will perform the work designated in the Engagement Details with professional skill and diligence as your
lawyers acting in your best interests. We will not perform work for you if factors such as conflict of interest or other laws
prevent us from accepting your instructions or continuing to act. You may request, at any time, a report of the progress
of the matter and statements of fees and costs (if applicable).

 

Your obligations:

You agree to provide us with timely, accurate and proper instructions, and all documents and other records relevant to the services we are providing to you; and

You agree to check to the best of your ability that all facts we rely upon are correct and assumptions we make, are reasonable.

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Professional fees and other charges

Professional fees: Our Professional fees are calculated and charged in the manner set out above. 

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Goods and Services Tax (GST): Unless otherwise stated, the fees, other charges and disbursements are stated on a GST exclusive basis. We will treat you as the recipient of the supplies that we make. We will determine the GST payable on our supply of services to you based on your legal status and the nature of the work and will add an amount to our bills on account of that GST. You agree that you will pay us an additional amount on account of any GST that we are liable to pay as a result
of any supply we make to you.

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External lawyers and other providers

External service providers: You authorise us as your agent to engage external service providers needed to perform the
work (for example accountants, data management specialists, forensic experts, surveyors or others. You will be responsible only to the extent and as set out above.

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Service provider liability: Subject to any specific arrangements made by service providers for refraining from collection
of fees, external service providers may contract with you on their own terms and conditions of business. Many service
providers, including advocates, undertake work only on the basis that their liability for damages is limited.

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Our liability in relation to service providers: To the extent permitted by law:

• we accept liability for any error on our part in our instructions to those service providers, but take no responsibility
  for their work or how they carry out their instructions; and

• in suggesting or selecting any service provider, we shall rely on information we are given as to the qualifications
  of the person but take no responsibility for that selection and give no warranty as to the ability of the service provider
  to appropriately carry out the task or as to the quality of that service provider's work.

 

Service provider GST: For the purposes of the Australian GST law, you will make an acquisition of the service provider's services. You will therefore be entitled to an input tax credit for GST included in amounts charged by the service provider,
to the extent that you satisfy the requirements of the GST law. We will supply you with details of the amounts invoiced by
the service provider and will retain the original tax invoices on your behalf. Whether or not the service provider should add
GST on the amounts they charge for supplies they make to you is a matter between you and the service provider. Where
a service provider includes an amount on account of GST that we pay on your behalf, you must repay us the whole amount
paid by us, including any GST.

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Specialist advocates: We will advise you in advance if we need to brief a specialist advocate (including any barrister) in
any of your matters. If the advocate provides us with disclosure in accordance with the LPA or the basis of fee calculation,
we will pass this information on to you. Such disclosure may also include arrangements for specialist advocates to refrain
from collection of fees charged until such time as the amount can be recovered from another party or other source because
of rights given under legislation, court orders or otherwise and in the event that they cannot be so recovered the advocates
will waive those professional fees. As a matter of public policy, the law provides immunity from suit in relation to advocacy.

 

Nothing in this agreement affects an advocate's immunity from suit in relation to any advocacy conducted on your behalf.

 

Recovery of professional fees and other charges

In the event we have entered into this Client Agreement on the basis that arrangement we will refrain from collection of fees charged until such time as the amount can be recovered from another party or other source because of rights given under legislation, court orders or otherwise:

• you authorise us to recover costs from another party on your behalf;

• Understand and agree that any money awarded for costs, or recovered for costs, will not be held on trust for you;

• Understand and agree that any money awarded for costs, or recovered for costs from another party, will be used to pay:

• counsel’s fees as taxed or as agreed to by the other party; and

• our fees as taxed or as agreed to by the other party; and

• outlays incurred during the course of proceedings as taxed or as agreed to by the other party.

 

In the event that costs are recovered, including for disbursements that have been previously paid for by you, we will arrange
for such amounts to be paid directly to you.

 

In the event that, despite the existence of an entitlement to recovered from another party or other source, funds cannot be
so recovered by reasons other than default or failure on by your part, we will waive its professional fees and/or other charges
in accordance with the Engagement Details. Like waiver by external lawyers and other service providers will be dependent
on arrangements made with them.

 

Billing arrangements

Billing arrangements: If you are to be billed for anything by us, you are entitled to receive a signed bill. You are taken
to have received our bill:

• if it is given personally – on the day it is given to you or to your agent;

• if it is sent by post – within 2 days of posting;

• if it is sent electronically – upon transmission.
   

External service providers payments: Where we receive funds to meet an obligation incurred on your behalf
to an external service provider, we will pay the third party as soon as practicable after receipt.

1. Liens and suspension of work

 

Liens: Subject to the LPA:

• we have a lien on all documents, funds and records in any form whatsoever in our possession until payment
  in full of all our bills for all matters in respect of which you have retained us; and

• we are entitled to retain for our records, copies of all documents which we give you, whether owned by us or not and
  to deal with them in accordance with clause 10 below of these Terms & Conditions.

 

Suspension of work: We may at any time suspend all work for you until payment in full of all our bills that are then
due and receivable by us for all matters in respect of which you have retained us.

 

Apportionment of liability

If you claim compensation, damages or contribution from us for loss or damage arising from acts or defaults
(including negligence) on our part and some or all of that loss or damage was due to or contributed to by:

• your own acts or defaults or by the acts or defaults of other persons for whose actions or defaults you are responsible; or

• the acts or defaults of one or more other persons, not being partners, employees or agents for whose conduct
  we are responsible, then we will be liable only for that proportion of the loss or damage which our acts or defaults bear relative to the totality of the conduct of all persons causing or contributing to the loss or damage.

 

Where any law relating to proportionate liability applies to a claim against us, this clause does not seek to exclude the operation of that law but will continue to operate to the extent that its operation is consistent with that law.

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Your rights under the LPA

Right to receive a bill: If we charge you for anything, you are entitled to receive a bill of costs (bill) from us complying with
the requirements of the LPA. We cannot take action to recover any Professional fees and Other charges that we may have
an immediate right or entitlement to until the period specified in the LPA after we have given you a bill has expired.

Details of work and charges: If we provide you with a bill which does not set out the details of the work, we have done
and the charges to be paid for that work, you may request an itemised bill within the period specified in the LPA.

 

Ending our appointment

Termination by you: You may terminate our engagement and change solicitors by giving us written notice at any time.
If you do so, you will be obliged to pay or make arrangements to secure such Professional fees and other charges as
have been or are billed consequent upon termination and to which we may have a right to receive payment.

Termination by us: We may terminate our engagement:

• by giving you reasonable notice, except where our engagement is for a set duration;

• if any payment (including payment of a bill or money in advance) due by you to us under this Client Agreement
  is not paid on the due date;

• if you do not provide timely, accurate and proper instructions; or

• if, by continuing to act for you, we would be required to act contrary to any legal, regulatory or professional
  conduct obligation or similar just cause.

 

Termination by us on any of those grounds does not prejudice or otherwise affect any lien created under clause 6
of these Terms & Conditions.

 

Confidentiality

Our obligations: We will keep confidential all confidential information received from you in the course of the work,
and persons performing work for you:

• will treat confidential information you give as being given only to them;

• may disclose confidential information within our law practice as required in order to perform the work; and

• will not disclose to you any confidential information of third parties which may be known to them or any
  other personnel and may otherwise be information to which you are entitled.

 

Restricted information from us: You understand and accept that our obligation to you with respect to giving you information
is restricted by these provisions. Only our law practice’s personnel working for you will have an obligation to give advice only
to you. We will treat other clients' instructions to the law practice and their confidential information on the same basis.

Internal information use: We may transfer material to our internal databases for learning and knowledge purposes. Before doing so, we will make reasonable efforts to ensure that confidential information is neither disclosed outside
the law practice nor otherwise used inconsistently with the obligations referred to above.

 

Privacy

Personal information: The Privacy Act 1988 (Cth) and other privacy legislation applies when we collect, use and disclose information or an opinion about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion (personal information). You agree that we may manage your personal information in accordance with our Privacy Policy available as amended from time to time.

In particular:

• we may collect personal information in the course of your instructions and while acting for you. This may include personal information about individuals who are employees, directors or principals of corporate clients. We ask
  you to assist us to make these individuals aware that our acting for you may involve collection of personal
  information about them;

• we may decide that it is necessary to conduct further searches and enquiries regarding the information you have provided us or more generally concerning you or your associates for our regulatory or prudential purposes. This may entail using some or all of the collected information to obtain additional information concerning you or your associates (including personal information in respect of individuals), from various other entities including, but not limited to, government agencies, law enforcement bodies, publicly available records, public registries, court or tribunal records, ratings agencies, search agencies and regulatory and licensing bodies.

 

Information usage: We may use personal information in the course of acting for you and we may disclose personal information to our service providers or agents and to other organisations including other parties in the matter and government agencies responsible for processing transactions, but only to the extent necessary to perform the work and in accordance with our professional obligations, or as required by law. If we do not collect such personal information or if you or others do not consent to us conducting such further searches or enquiries we may not be able to carry out your instructions.

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Jurisdiction and governing law

Jurisdiction: Subject to your rights to select jurisdiction under the LPA, our Costs Agreement and all aspects of our retainer and the performance of our services for you are governed by and you agree to be bound by the laws of the state or territory from which we issue this Costs Agreement. You irrevocably submit to the exclusive jurisdiction of the courts of that jurisdiction.

 

LPA rights as to jurisdiction: Where the legal services are or will be completely or primarily provided in, or where the work
has a substantial connection with another state or territory, you have the right to:

• enter into a costs agreement with us on the basis that a corresponding law of that other state or territory; or

• notify us in writing in accordance with the time limits of the corresponding law that you require the law of another jurisdiction to apply to our Costs Agreement.

 

If you have any questions surrounding this agreement, please contact us at  admin@mjilawyers.com to discuss. If you are satisfied with the terms and conditions set out within this agreement, please select the agreement button at the top of this page. 

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